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Unes Law Review
Published by Universitas Ekasakti
ISSN : 26543605     EISSN : 26227045     DOI : https://doi.org/10.31933/unesrev.v6i1.1019
Core Subject : Health, Science, Education, Social,
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences
UNES Law Review adalah Jurnal Penelitian Hukum yang dikelola oleh Magister Hukum Pascasarjana, Universitas Ekasakti Padang. Penelitian yang dimuat merupakan pendapat pribadi peneliti dan bukan merupakan pendapat editor. Jurnal terbit secara berkala 4 (empat) kali dalam setahun yaitu September, Desember, Maret, dan Juni. UNES Law Review mulai Volume 4 Nomor 3 Tahun 2022 sampai Volume 9 Nomor 2 Tahun 2027 Reakreditasi Naik Peringkat dari Peringkat 5 ke Peringkat 4 sesuai nomor Akreditasi : 204/E/KPT/2022, 3 Oktober 2022 UNES Law Review is a Legal Research Journal managed by Postgraduate Law Masters, Ekasakti University, Padang. The published research is the personal opinion of the researcher and is not the opinion of the editor. The journal is published periodically 4 (four) times a year, namely September, December, March and June. UNES Law Review Volume 4 Number 3 of 2022 to Volume 9 Number 2 of 2027 Reaccreditation Raised Rank from Rank 5 to Rank 4 according to Accreditation number: 204/E/KPT/2022, 3 October 2022
Arjuna Subject : Umum - Umum
Articles 744 Documents
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Search results for , issue "Vol. 6 No. 1 (2023)" : 744 Documents clear
Legal Protection for Consumers Due to Breach of Contract by Business Operators in Electronic Transactions (Case Study Of Harizqi Azri and Juni Fairnando) Mardesya, Nadia; Adam, Richard Candra
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.888

Abstract

Electronic transactions refer to the process of buying and selling goods and services over the Internet. With the presence of electronic transactions, it has become much easier to engage in various transactions. However, there are still many parties with the intention of committing crimes. Therefore, there is a need for legal protection for consumers in electronic transactions. The legal protection for consumers is regulated by Law Number 8 of 1999 concerning Consumer Protection (UUPK). The common violations committed by business actors involve the infringement of Article 4 of the UUPK, which pertains to consumer rights. Consumers experience losses and breaches of contracts due to the exploitation of situations by business actors. In addition to the UUPK, in electronic transactions, consumer protection is also regulated by Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE). Consumer protection, as explained in Article 1, Number 1 of the UUPK, emphasizes that all efforts are made to ensure legal certainty in order to provide protection for consumers.
Teknis Perpajakan bagi Perusahaan yang Mengalami Kepailitan di Indonesia Mamora, Kinara
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.889

Abstract

This journal discusses the technical taxation issues related to companies undergoing bankruptcy. Companies experiencing bankruptcy are still required to report and pay taxes as usual, albeit with some differences in the conditions before bankruptcy occurs. During the bankruptcy period, the company must continue to pay taxes on the income received during its operational period, even though in bankruptcy, the company will prioritize repaying all debts to creditors. Various taxes still need to be paid in the situation of a bankrupt company, including Value Added Tax (VAT), Property Tax (PBB), and Income Tax. Companies undergoing bankruptcy also need to prepare Annual Tax Reports, which are mandatory, with tax rates varying depending on the type of reported income. Taxation issues are crucial in the context of companies experiencing bankruptcy. Companies must understand and manage their tax obligations well, even in bankruptcy.
Implementasi Penjatuhan Denda dalam Putusan Perkara Pelanggaran Pasal 17 Undang-Undang Nomor 5 Tahun 1999 Tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat Sari, Nurdiani Yusnita
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.890

Abstract

This study aims to review the implementation of fines imposed by the Business Competition Supervisory Commission (KPPU) in decisions related to violations of Article 17 of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition as amended by Law Number 11 of 2020 concerning Job Creation. This study used a qualitative method by analyzing four KPPU decisions that reflect the implementation of fines for violations of Article 17 of the Antimonopoly Law. The results showed there was a mismatch between the amount of fines imposed and the losses caused by monopolistic practices and unfair business competition. This study recommends changing the KPPU's administrative sanction system from the weight of the actors to the losses incurred and felt by the public, changing the method of calculating fines based on Government Regulation Number 44 of 2021, establishing an external oversight mechanism for the KPPU, functional differentiation within the KPPU, and granting authority to reporters to file objections to the court.
Kebijakan Perizinan Berusaha di Indonesia dan Kepastian Hukum bagi Investor Pasca Putusan Inkonstitusional Bersyarat UU Cipta Kerja Br Manik, Olivia Sabrina
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.892

Abstract

The development and progress of investment activities is one of the things that has a very large role for the movement of the national economy. In order to maintain national economic stability, the government opens opportunities for investors with various facilities provided by Law Number 11 of 2020 concerning Job Creation (“Job Creation Law”). However, it is known the Job Creation Law was declared conditionally unconstitutional by the Constitutional Court Decision Number 91/PUU-XVIII/2020. Clarity is urgently needed regarding all regulations related to investment in order to realize the main objectives of the investment activity itself and to avoid all difficulties related to licensing bureaucracy. This normative research seeks to describe the business licensing policies after the Job Creation Law, the government's attitude towards the formal test decisions of the Job Creation Law, especially legal certainty for investors after the unconstitutional conditions of the Job Creation Law. Based on the research results, it is known that in order to guarantee legal certainty, investors should be able to continue carrying out their business activities on the basis of the Job Creation Law and its implementing regulations.
Implikasi Penerbitan Omnibus Law Undang-Undang Nomor 4 Tahun 2023 tentang Pengembangan dan Penguatan Sektor Keuangan (UU P2SK) Terhadap Peran Otoritas Jasa Keuangan (OJK) dalam Sektor Keuangan Syafitri, Yuliana
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.893

Abstract

The issuance of the omnibus law in overcoming hyperregulation conditions has led to a long discussion in Indonesia. This is because the omnibus method is commonly used in countries that use the common law legal system. Meanwhile, Indonesia uses a civil law legal system that prioritizes codification as a solution to the hyper-regulation problem. However, Indonesia continues to adopt the omnibus method through one of which is the issuance of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UUP2SK). This has an impact on the role of OJK in supervising the financial sector in Indonesia. The results of the research show that there is additional authority possessed by the OJK. In addition, its independence is also enhanced to realize financial climate stability.
Upaya Re-Definisi Korporasi dalam Undang-Undang Nomor 1 Tahun 2023 Prasetya, Muhammad Djaelani; Ratnawati, Ratnawati
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.894

Abstract

The phenomenon of community associations or associations that do not have legal entities leads this research to seek a re-definition of corporations in Law Number 1 Year 2023. The research is conducted normatively with a historical, statutory and case approach. This will be analyzed qualitatively in order to answer legal questions. The research found that First, the history of corporations in the United States has described the development of terms, understanding, bad behavior, criminal administration, prosecution, criminal liability to deferred prosecution aggrement. Second, the efforts to redefine corporation are divided into 3 (three) things, namely 1) based on legislation, where 7 (seven) phases of development of the meaning of corporation are found, both indirectly and directly; 2) based on the existence of the Business Competition Supervisory Commission which has a connection with corporate crime and can cause problems in the future if it is connected to Article 146 of the New Criminal Code; and 3) based on a systematic review of the New Criminal Code which can cause problems such as the existence of terms without understanding or explanation, the existence of almost the same meaning without explanation, the contradiction of terms and the use of unnecessary words.
Problematika Pengajuan PKPU oleh Kreditor Berdasarkan UU No. 37 Tahun 2004 Tentang Kepailitan dan PKPU Manogihon, Benedictus Hananta; Wiradiputra, Ditha
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.895

Abstract

Postponement of Debt Payment Obligations is an effort that can be made by the Debtor to avoid bankruptcy. The purpose of this research is to explain the efforts to postpone the payment of debts from a legal perspective and to find out the practice of suspension of obligations for payment of debts in court, especially regarding the submission of applications for suspension of obligations for payment of debts by creditors. The method used is normative juridical. Data obtained through document study. The results of this study are that the considerations of the Panel of Judges in this case are normative and in accordance with the applicable provisions, namely Law number 4 of 1998 covering the reasons for submitting an application for Suspension of Obligations for Debt Payments, filing an application for Suspension of Obligations for Debt Payments in response to a petition for bankruptcy, granting a Suspension of Obligations for Debt Payments Debt Payment Obligations, management fees, and management fees.
Proses Penyidikan Terhadap Pelaku Tindak Pidana Pencurian Disertai Kekerasan Studi Kasus di Polres Agam Pandu Erlangga, Mahesa; Sukmareni, Sukmareni; Munandar, Syaiful
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.896

Abstract

Investigation is the stage of resolving a criminal case after an investigation, which is the initial stage of looking for the presence or absence of a criminal offense in an event. When it is known that a criminal offense has occurred, then that is when an investigation can be carried out based on the results of the investigation. In the act of investigation, the emphasis is placed on the act of searching and finding an event suspected of being a criminal act. Whereas in the investigation, the emphasis is placed on the act of searching and collecting evidence. Investigation aims to make light of the criminal offense found and also determine the perpetrator. This research is descriptive, which is research that aims to provide data that is as accurate as possible about the circumstances that are the object of research in this case about the investigation process against the perpetrators of the crime of gold robbery in the Agam Police area, so as to find answers to problems in the implementation of the investigation of criminal acts of theft accompanied by violence which was first carried out after receiving a report from the victim, namely processing the crime scene, asking for witness and victim testimony, after finding some preliminary evidence, several forced measures were taken, namely the arrest of the perpetrator, detention, and also confiscation. Investigations carried out by investigators play a role in uncovering or resolving a criminal offense. Therefore, investigators must improve their performance, so that they can complete the shortcomings in the investigation and can also overcome the obstacles that occur in the implementation of criminal investigations.
Analisis Putusan Hakim Terhadap Kasus Perlindungan Konsumen Bidang Perumahan dengan Sistem Syariah di Pengadilan Agama Bukittinggi (Studi Kasus Putusan Pengadilan Agama Bukittinggi Perkara Nomor: 604/Pdt.G/2020/PA. Bkt) Nur Idris, Muhammad; Azheri, Busyra; Rembrand, Rembrand
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.897

Abstract

The aim of conducting research on Consumer Legal Protection in the Housing Sector in the City of Bukittinggi is as follows: 1. To find out the basic principles of Consumer Legal Protection in the Housing Sector using the Sharia System in the Event of Default by One of the Parties. 2. To find out the Judge's Decision on Consumer Legal Protection Cases in the Housing Sector with the Sharia System. In the research, the author took an empirical, descriptive, juridical approach. From the results of this research it is known that: 1. Indonesia as a country of law, legislation has provided the basis for legal protection for consumers. where the government guarantees legal certainty to protect citizens. In this case of default, the consumer as a buyer of one of the housing units has been harmed by the developer and has filed a lawsuit in the Religious Court. This is by the law where legal action can be taken if a default in the agreement occurs. the other is by filing a lawsuit in court. 2. Judge's Decision on Consumer Legal Protection Cases in the Housing Sector. In this decision, the opponent's application was rejected by the judge because he did not have proof of ownership of the land and house in the form of a certificate. However, in giving this decision, according to researchers, the judge did not give the maximum decision
Penyelesaian Perkara Pidana Anak Yang Belum Berumur 12 (Dua Belas) Tahun pada Tingkat Penyidikan di Polresta Padang LBN Gaol, Suryadinata; Danil, Elwi; Zurnetti, Aria
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.898

Abstract

Investigators, social counselors and professional social workers must work together and coordinate with each other so that the stages as stipulated in Government Regulation No. 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Children Who Are Not Yet 12 Years Old, the initial initiative for implementing this government regulation in The investigator's hand is supported by the role of social counselors and professional social workers in making decisions whether the perpetrators of children who are not yet 12 years old are returned to their parents/guardians or put in LPKS. The type of research used in this study is an empirical juridical approach and is descriptive analysis in nature. The roles of Investigators, Community Counselors and Professional Social Workers have their respective roles in coordinating the decision making of perpetrators of children under the age of 12 as stipulated in Government Regulation No. 65 of 2015 concerning Guidelines for the Implementation of Diversion and Handling of Underage Children 12 years old. the initial initiative for implementing these government regulations lies in the hands of investigators supported by the role of social counselors and professional social workers in making decisions whether the perpetrators of children who are not yet 12 years old are returned to their parents/guardians or admitted to LPKS.

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